ACCEPTED
01-15-00158-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/23/2015 2:32:26 AM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 1-15-00158-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON,
OF TEXAS TEXAS
AT HOUSTON, TEXAS 3/23/2015 2:32:26 AM
CHRISTOPHER A. PRINE
Clerk
CANDICE SCHWAGER, pro se
Appellant
V.
CAROL ANNE MANLEY, DAVID PETERSON, SILVERADO SENIOR
LIVING, INC. D/B/A SILVERADO LIVING CENTER-SUGAR LAND
Appellees
APPELLANTS' MOTION TO DISMISS
Respectfully submitted,
/s/Candice L Schwager
Candice L Schwager
SCHWAGER LAW FIRM
1417 Ramada
Houston, Texas 77962
Tel: 832.315.8489
Fax: 832.514.4738
schwagerlawfirm@live.com
Attorney Pro Se
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
NOW COMES, CANDICE SCHWAGER, PRO SE ATTORNEY, and files
her unopposed motion to dismiss without prejudice and would show the Court as
follows:
1. On or about October 9, 2014, Probate Court No. 1 held a hearing on
DEFENDANTS’ MOTION FOR SANCTIONS against her, wherein no
admissible evidence was produced;
2. On or about November 10, 2014, the Court issued two sanctions orders, one
of which was based upon rulings pursuant to a Rule 91a Dismissal, for
frivolous claims. The second sanctions order for $10,000 was based upon an
alleged violation of Texas Disciplinary Rule 3.7 concerning excessive pre-
trial publicity.
3. On or about December 9, 2014, the trial court heard Appellant’s
Motion to Reconsider and Rescind both sanctions orders, as well as
the orders pursuant to Rule 91a upon which one sanctions order
was based.
4. On or about January 9, 2015, the trial court signed an Order dismissing
the claims against the only remaining party and denying reconsideration of the
sanctions orders.
2 On or about January 17, 2015, Appellants filed a motion to dismiss the
guardianship matter because it was rendered moot by the death of the proposed
ward; However, the trial court failed or refused to dismiss the guardianship
matter or enter a final judgment without a further hearing with a status
conference just scheduled for March 25, 2015.
3 On February 9, 2015, CANDICE SCHWAGER, PRO SE (“Appellant”)
filed a Notice of Appeal in which she complained of orders entered
November 10, 2014 and finalized January 9, 2015, being concerned that
deadlines for appeal not pass due to the ability to appeal some probate courts on
an interlocutory basis—even in the absence of final order or judgment. These
orders are as follows:
a. Order granting Silverado Senior Living, Inc. d/b/a Silverado
Senior Living – Sugar Land's (“Silverado”) Rule 91a motion to
dismiss;
b. Order denying motion to reconsider 91a motion to dismiss and
motion for sanctions, signed on January 9, 2015;
c. Order granting Silverado's first amended plea to the
jurisdiction, signed on January 9, 2015;
d. Order granting Sanctions against Candice Schwager under Texas
Rule of Civil Procedure 10 for $5000.00 signed November 10,
2014, reconsideration denied January 9, 2015; and
e. Order granting Sanctions against Candice Schwager under Rule 3.7
of the Texas Disciplinary Rules of Professional Conduct for
$10,000, dated November 10, 2014, reconsideration denied January
9, 2015.
6. On March 9, 2015, Appellants in Cause No. 1-15-00157 Filed a First
Amended Notice of Appeal to include the sanctions orders in this appeal.
7. However, the trial court still has yet to enter a final judgment resolving
all parties and all claims. Moreover, the PARTIES have consolidated their
appeals. So, the notice of appeal appears to be filed prematurely and should be
dismissed without prejudice.
WHEREFORE, Appellant respectfully requests the Court to dismiss
this appeal without prejudice to refilling, pending final judgment in the trial
court. Appellant prays for such other relief, to which she may be justly entitled.
Respectfully submitted,
/s/Candice L Schwager
Candice L Schwager
SCHWAGER LAW FIRM
1417 Ramada
Houston, Texas 77962
Tel: 832.315.8489
Fax: 832.514.4738
schwagerlawfirm@live.com
Attorney Pro Se
CERTIFICATE OF
CONFERENCE
I hereby certify that I conferred with attorney Russ Jones on or about
February 23rd and he is in agreement with this dismissal.
/s/Candice L Schwager
Candice L Schwager
CERTIFICATE OF
SERVICE
I hereby certify that a true and correct copy of the above document
was e- filed and sent by email or electronic delivery by agreement to all
counsel of record on this 23rd of March, 2015.
/s/Candice L Schwager
Candice L Schwager
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